Hanrahan v. New York Edison Co.

Finch, J.:

The plaintiff was struck and injured by a commercial automobile, > which on two trials has been identified by the jury as an automobile which was operated by one Gleason and which transported an employee of the defendant over a route of inspection.

The vital issue presented upon this appeal is whether Gleason, by whose negligent operation of the automobile the plaintiff was injured, was a servant of the defendant. As was said by the Court of Appeals in passing on an appeal from a judgment heretofore recovered by the plaintiff herein (238 N. Y. 194), “ The question whose employee…